Treaty of Point No Point, 1855
Articles of agreement and convention made and concluded at Hahdskus, or
Point no Point, Suquamiah Head, in the Territory of Washington, this
twenty-sixth day of January, eighteen hundred and fifty-five, by Isaac
I. Stevens, governor and superintendent of Indian affairs for the said
Territory, on the part of the United States, and the undersigned chiefs,
headmen, and delegates of the different villages of the S'Klallams,
viz: Kah-tai, Squah-quaihtl, Tch-queen, Ste-tehtlum, Tsohkw, Yennis,
Elh-wa, Pishtst, Hunnint, Klat-la-wash, and Oke-ho, and also of the
Sko-ko-mish, To-an-hooch, and Chem-a-kum tribes, occupying certain lands
on the Straits of Fuca and Hood's Canal, in the Territory of
Washington, on behalf of said tribes, and duly authorized by them.
ARTICLE 1.
The said tribes and bands of Indians hereby cede, relinquish, and convey
to the United States all their right, title, and interest in and to the
lands and country occupied by them, bounded and described as follows,
viz: Commencing at the mouth of the Okeho River, on the Straits of Fuca;
thence southeastwardly along the westerly line of territory claimed by
the Makah tribe of Indians to the summit of the Cascade Range; thence
still southeastwardly and southerly along said summit to the head of the
west branch of the Satsop River, down that branch to the main fork;
thence eastwardly and following the line of lands heretofore ceded to
the the United States by the Nisqually and other tribes and bands of
Indians, to the summit of the Black Hills, and northeastwardly to the
portage known as Wilkes' Portage; thence northeastwardly, and following
the line of lands heretofore ceded to the United States by the Dwamish,
Suquamish, and other tribes and bands of Indians, to Suquamish Head;
thence northerly through Admiralty Inlet to the Straits of Fuca; thence
westwardly through said straits to the place of beginning; including all
the right, title, and interest of the said tribes and bands to any land
in the Territory of Washington.
ARTICLE 2.
There is, however, reserved for the present use and occupation of the
said tribes and bands the following tract of land, viz: The amount of
six sections, or three thousand eight hundred and forty acres, situated
at the head of Hood's Canal, to be hereafter set apart, and so far as
necessary, surveyed and marked out for their exclusive use; nor shall
any white man be permitted to reside upon the same without permission of
the said tribes and bands, and of the superintendent or agent; but, if
necessary for the public convenience, roads may be run through the said
reservation, the Indians being compensated for any damage thereby done
them. It is, however, understood that should the President of the United
States hereafter see fit to place upon the said reservation any other
friendly tribe or band, to occupy the same in common with those above
mentioned, he shall be at liberty to do so.
ARTICLE 3.
The said tribes and bands agree to remove to and settle upon the said
reservation within one year after the ratification of this treaty, or
sooner if the means are furnished them. In the mean time, it shall be
lawful for them to reside upon any lands not in the actual claim or
occupation of citizens of the United States, and upon any land claimed
or occupied, if with the permission of the owner.
ARTICLE 4.
The right of taking fish at usual and accustomed grounds and stations is
further secured to said Indians, in common with all citizens of the
United States; and of erecting temporary houses for the purpose of
curing; together with the privilege of hunting and gathering roots and
berries on open and unclaimed lands. Provided, however, That they shall
not take shell-fish from any beds staked or cultivated by citizens.
ARTICLE 5.
In consideration of the above cession the United States agree to pay to
the said tribes and bands the sum of sixty thousand dollars, in the
following manner, that is to say: during the first year after the
ratification hereof, six thousand dollars; for the next two years, five
thousand dollars each year; for the next three years, four thousand
dollars each year; for the next four years, three thousand dollars each
year; for the next five years, two thousand four hundred dollars each
year; and for the next five years, one thousand six hundred dollars each
year. All which said sums of money shall be applied to the use and
benefit of the said Indians under the direction of the President of the
United States, who may from time to time determine at his discretion
upon what beneficial objects to expend the same. And the superintendent
of Indian affairs, or other proper officer, shall each year inform the
President of the wishes of said Indians in respect thereto.
ARTICLE 6.
To enable the said Indians to remove to and settle upon their aforesaid
reservations, and to clear, fence, and break up a sufficient quantity of
land for cultivation, the United States further agree to pay the sum of
six thousand dollars, to be laid out and expended under the direction
of the President, and in such manner as he shall approve.
ARTICLE 7.
The President may hereafter, when in his opinion the interests of the
Territory shall require, and the welfare of said Indians be promoted,
remove them from said reservation to such other suitable place or places
within said Territory as he may deem fit, on remunerating them for
their improvements and the expenses of their removal; or may consolidate
them with other friendly tribes or bands. And he may further, at his
discretion, cause the whole or any portion of the lands hereby reserved,
or of such other lands as may be selected in lieu thereof, to be
surveyed into lots, and assign the same to such individuals or families
as are willing to avail themselves of the privilege, and will locate
thereon as a permanent home, on the same terms and subject to the same
regulations as are provided in the sixth article of the treaty with the
Omahas, so far as the same may be applicable. Any substantial
improvements heretofore made by any Indians, and which he shall be
compelled to abandon in consequence of this treaty, shall be valued
under the direction of the President, and payment made therefor
accordingly.
ARTICLE 8.
The annuities of the aforesaid tribes and bands shall not be taken to pay the debts of individuals.
ARTICLE 9.
The said tribes and bands acknowledge their dependence on the Government
of the United States, and promise to be friendly with all citizens
thereof; and they pledge themselves to commit no depredations on the
property of such citizens. And should any one or more of them violate
this pledge, and the fact be satisfactorily proven before the agent, the
property taken shall be returned, or in default thereof, or if injured
or destroyed, compensation may be made by the Government out of their
annuities. Nor will they make war on any other tribe, except in
self-defence, but will submit all matters of difference between them and
other Indians to the Government of the United States, or its agent, for
decision, and abide thereby. And if any of the said Indians commit any
depredations on any other Indians within the Territory, the same rule
shall prevail as that prescribed in this article in cases of
depredations against citizens. And the said tribes agree not to shelter
or conceal offenders against the United States, but to deliver them up
for trial by the authorities.
ARTICLE 10.
The above tribes and bands are desirous to exclude from their
reservation the use of ardent spirits, and to prevent their people from
drinking the same, and therefore it is provided that any Indian
belonging thereto who shall be guilty of bringing liquor into said
reservation, or who drinks liquor, may have his or her proportion of the
annuities withheld from him or her for such time as the President may
determine.
ARTICLE 11.
The United States further agree to establish at the general agency for
the district of Puget's Sound, within one year from the ratification
hereof, and to support for the period of twenty years, an agricultural
and industrial school, to be free to children of the said tribes and
bands in common with those of the other tribes of said district, and to
provide a smithy and carpenter's shop, and furnish them with the
necessary tools, and employ a blacksmith, carpenter, and farmer for the
term of twenty years, to instruct the Indians in their respective
occupations. And the United States further agree to employ a physician
to reside at the said central agency, who shall furnish medicine and
advice to the sick, and shall vaccinate them; the expenses of the said
school, shops, persons employed, and medical attendance to be defrayed
by the United States, and not deducted from the annuities.
ARTICLE 12.
The said tribes and bands agree to free all slaves now held by them, and not to purchase or acquire others hereafter.
ARTICLE 13.
The said tribes and bands finally agree not to trade at Vancouver's
Island, or elsewhere out of the dominions of the United States, nor
shall foreign Indians be permitted to reside in their reservations
without consent of the superintendent or agent.
ARTICLE 14.
This treaty shall be obligatory on the contracting parties as soon as
the same shall be ratified by the President of the United States. In
testimony whereof, the said Isaac I. Stevens, governor and
superintendent of Indian affairs, and the undersigned chiefs, headmen,
and delegates of the aforesaid tribes and bands of Indians have hereunto
set their hands and seals at the place and on the day and year
herebefore written.
Isaac I. Stevens, governor and superintendent. (L.S.)
Chits-a-mah-han, the Duke of York, Chief of the S'klallams, his x mark. (L.S.)
Dah-whil-luk, Chief of the Sko-ko-mish, his x mark. (L.S.)
Kul-kah-han, or General Pierce, Chief of the Chem-a-kum, his x mark. (L.S.)
Hool-hole-tan, or Jim, Sko-ko-mish sub-chief, his x mark. (L.S.)
Sai-a-kade, or Frank, Sko-ko-mish sub-chief, his x mark. (L.S.)
Loo-gweh-oos, or George, Sko-ko-mish sub-chief, his x mark. (L.S.)
E-dagh-tan, or Tom, Sko-ko-mish sub-chief, his x mark. (L.S.)
Kai-a-han, or Daniel Webster, Chem-a-kum sub-chief, his x mark. (L. S.)
Ets-sah-quat, Chem-a-kum sub-chief, his x mark. (L.S.)
Kleh-a-kunst, Chem-a-kum sub-chief, his x mark. (L.S.)
He-atl, Duke of Clarence, S'klallam sub-chief, his x mark. (L.S.)
Lach-ka-nam, or Lord Nelson, S'klallam sub-chief, his x mark. (L. S.)
Tchotest, S'klallam sub-chief, his x mark. (L.S.)
Hoot-ote St, or General Lane, S'klallam sub-chief, his x mark. (L. S.)
To-totesh, S'klallam sub-chief, his x mark. (L.S.)
Hah-kwja-mihl, S'klallam sub-chief, his x mark. (L.S.)
Skai-se-ee, or Mr. Newman, S'klallam sub-chief, his x mark. (L.S.)
Kahs-sahs-a-matl, S'klallam sub-chief, his x mark. (L.S.)
S'hote-ch-stan, S'klallam sub-chief, his x mark. (L.S.)
Lah-st, or Tom, S'klallam sub-chief, his x mark. (L.S.)
Tuls-met-tum, Lord Jim, S'klallam sub-chief, his x mark. (L.S.)
Yaht-le-min, or General Taylor, S'klallam sub-chief, his x mark. (L.S.)
Kla-koisht, or Captain, S'klallam sub-chief, his x mark. (L.S.)
Sna-talc, or General Scott, S'klallam sub-chief, his x mark. (L.S.)
Tseh-a-take, or Tom Benton, S'klallam sub-chief, his x mark. (L.S.)
Yah-kwi-e-nook, or General Gaines, S'klallam sub-chief, his x mark. (L.S.)
Kai-at-lah, or General Lane, Jr., S'klallam sub-chief, his x mark. (L.S.)
Captain Jack, S'klallam sub-chief, his x mark. (L.S.)
He-ach-kate, S'klallam sub-chief, his x mark. (L.S.)
T'soh-as-hau, or General Harrison, S'klallam sub-chief, his x mark. (L.S.)
Kwah-nalt-sote, S'klallam sub-chief, his x mark. (L.S.)
S'hoke-tan, S'klallam sub-chief, his x mark. (L.S.)
Paitl, S'klallam sub-chief, his x mark. (L.S.)
Wen-a-hap, S'klallam sub-chief, his x mark. (L.S.)
Klew-sum-ah, S'klallam sub-chief, his x mark. (L.S.)
Se-att-home-tau, S'klallam sub-chief, his x mark. (L.S.)
Tsat-sat-hoot, S'klallam tribe, his x mark. (L.S.)
Pe-an-ho, S'klallam tribe, his x mark. (L.S.)
Yi-ah-hum, or John Adams, S'klallam tribe, his x mark. (L.S.)
Ti-itch-stan, S'klallam tribe, his x mark. (L.S.)
Soo-yahntch, S'klallam tribe, his x mark. (L.S.)
Ttseh-a-take, S'klallam tribe, his x mark. (L.S.)
He-ats-at-soot, S'klallam tribe, his x mark. (L.S.)
Tow-oots-hoot, S'klallam tribe, his x mark. (L.S.)
Tsheh-ham, or General Pierce, S'klallam tribe, his x mark. (L.S.)
Kwin-nas-sum, or George, S'klallam tribe, his x mark. (L.S.)
Hai-ahts, John, S'klallam tribe, his x mark. (L.S.)
Hai-otest, John, S'klallam tribe, his x mark. (L.S.)
Seh-win-num, S'klallam tribe, his x mark. (L.S.)
Yai-tst, or George, S'klallam tribe, his x mark. (L.S.)
He-pait, or John, S'klallam tribe, his x mark. (L.S.)
Slimm, or John, S'klallam tribe, his x mark. (L.S.)
T'klalt-soot, or Jack, S'klallam tribe, his x mark. (L.S.)
S'tai-tan, or Sam, S'klallam tribe, his x mark. (L.S.)
Hut-tets-oot, S'klallam tribe, his x mark. (L.S.)
How-a-owl, S'klallam tribe, his x mark. (L.S.)
Executed in the presence of us - -
M. T. Simmons,
C. H. Mason, secretary Washington Territory,
Benj. F. Shaw, interpreter,
John H. Scranton,
Josiah P. Keller,
C. M. Hitchcock, M.D.,
A. B. Gove,
H. A. Goldsborough,
B. J. Madison,
F. A. Rowe,
Jas. M. Hunt,
George Gibbs, secretary,
John J. Reilly,
Robt. Davis,
S. S. Ford, Jr.,
H. D. Cock,
Orrington Cushman,
J. Conklin.
Ratified Mar. 8, 1859. Proclaimed Apr. 29, 1859.